CBP’s Section 321 Data Pilot Program to Begin August 22

Tasked with the protection of the nation, The Department of Homeland Security (DHS) siphons the protection of our ports to United States Customs and Border Protection (CBP). With the continuous threats to safety and integrity of the country, CBP is conducting a voluntary test to collect certain advanced data related to shipments potentially eligible for release under section 321 of the Tariff Act of 1930.

In order to cope with the e-commerce trend, CBP will allow online marketplaces, and other non-traditional partners to participate in the pilot program. If you wish to participate in the program, DTL can assist you in submitting the required application to the Department Of Commerce. While the Pilot opens on August 22, 2019, and is set to last for roughly one year, CBP may accept potential participants after the program’s commencement until a sufficient number of participants has been identified.

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Customs and International Trade Attorney Jennifer Diaz Featured on Legal News and Review Radio

Board Certified Customs and International Trade Attorney Jennifer Diaz was featured on “Legal News & Review (LNR).” She discussed “The Complexities of International Trade Law,” including current United States Trade Policy and the legal consequences for importers and exporters that do not comply with U.S. Customs and other government agency rules. Listen to the podcast hereLegal News and Review is an award-winning podcast that has been on the air for over six years. Earning the Award of Excellence from the Florida Bar, attorneys and hosts Philip Bell, Eric Yankwit, and Gary Singer guide listeners through the various disciplines of law by featuring expert attorneys from different fields.

Wondering if your Exclusion Request has been granted or denied? Find out here!

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Since the inception of the Trade War with China, the Office of the United States’ Trade Representative (USTR) has provided citizens, primarily those in industries directly affected by the imposition of ad valorem duties (tariffs), the opportunity to request that certain products be granted exclusions. Each list of tariffs has its own specific process to ensure that concerned citizens may voice their opinions as to why given products should not be subjected to additional duties upon importation, as prescribed in the Section 301 investigation.

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Ignorance is No Defense! Learn What CBP Considers Prohibited/Restricted

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United States Customs and Border Protection (CBP), one of the principal agencies under the leadership of DHS, has released an updated list detailing items prohibited from entry into the US. These goods fall under a variety of classifications, including “dangerous toys, cars that don’t protect their occupants in a crash, bush meat, or illegal substances like absinthe and Rohypnol”.

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List 3 Exclusion Requests to Open June 30 via Online Portal

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On May 9, 2019, the office of the United States Trade Representative (USTR) published a Federal Register Notice announcing that an exclusion process will become available for goods on List 3. The Proposed Section 301 Modification is set to increase the current tariffs on goods listed in the Annex from a 10 percent ad valorem to a 25 percent ad valorem.

On Monday, June 24, 2019, USTR released a Notice detailing the exclusion process. As discussed in our previous blog, USTR confirmed that the process will open up via an online portal on June 30, 2019. Exclusions may be posted between noon on June 30 until September 30, 2019.

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REGISTRATION NOW OPEN – 2019 CBP TRADE SYMPOSIUM

U.S. Customs and Border Protection announced that the 2019 Trade Symposium will be held on July 23-24, 2019 at the Marriott Marquis in Chicago, Illinois.
Registration is open and CLOSES on Tuesday, July 9, 2019 at 4:00 p.m. (Eastern Standard Time).

This year’s symposium will include discussions on:

  • Trade Transformation (Port of the future/ Emerging Technology)
  • Northern Triangle (Immigration & crime from Central/South America)
  • E-Commerce
  • Intellectual Property Enforcement
  • Trade Remedies
  • Forced Labor

The Symposium will also offer One-on-One Center Discussions!

If you want a more detailed description of the event, CBP has provided a tentative agenda!

If you want to learn more about what you will learn, who you will meet and why you should attend – we have recaps of previous CBP Trade Symposiums HERE.

Let us know if we will see you there (email info@diaztradelaw.com). We would love to meet up with you and help ensure that you make valuable connections! See you at the CBP 2019 Trade Symposium.

UPDATE: USTR Increases Section 301 Tariffs to 25% Duty for Products on List 3

China Tariffs Since September 17, 2018, the trade industry has been bracing themselves for the increase of China tariffs from 10% to 25%. The trade community has enjoyed a few months of postponements – January 1st, 2019 to March 1st, 2019. The postponements led many to believe the increase was unlikely, until May 6, when the President emphatically stated that “the 10% will go up to 25% on Friday [May 10, 2019].” via twitter. Only three days later and USTR has officially announced the anticipated 25% increase is effective on 12:01 am, May 10, 2019.

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China Tariff Hike Postponed – USTR to Establish an Exclusion Process – Seminar on “China Tariffs/AD/CVD 101”

China TThe on-going trade war continues as China and the US make progress to come to an agreement. For background information on past actions taken by the Trump Administration to protect American Intellectual Property, check out our previous blogs.

China Tariff Increase is Postponed

President Trump reported in a February 24th tweet that as a result of the “substantial progress” in trade negotiations with China on “important structural issues” he will be delaying the increase from 10 percent to 25 percent in the additional Section 301 tariffs on the List 3 goods (valued at about US$200 billion) that is scheduled to take place on  March 2nd. To formalize the extension, the administration will have to publish a Federal Register notice stating the Section 301 additional tariff on the so-called List 3 products will remain at ten percent for now and the notice will likely provide the new date for the tariff increase. To date no formal notice has been published.

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Update – Deadline Approaching – A Snapshot of Section 301 Duties & Your Options!

trade lawThe trade war has kept members in the trade industry on their toes – here is a recap.

Effective Dates:

For importers being hit by additional duties, it is crucial to know when the additional duties are effective and must be paid. USTR has issued three lists under 301 Section Trade Remedies. We urge importers to get to know which list their products are subject to, and develop an action plan. […]

Why Your Freight Forwarder MUST Segregate Hazardous Materials

It’s important to understand why freight forwarders take certain steps prior to shipping your goods. We previously discussed why it’s important to complete a Shipper’s Letter of Instruction. Now we are addressing why your Freight Forwarder segregates your hazardous materials, even if you request otherwise. The fines for non-compliance are severe. 49 CFR 107.329 provides for the maximum civil penalty amounts. Violators that knowingly violate hazardous material transportation laws and regulations may face no more than a $78,376.00 penalty for each violation, but if the violation results in death, serious illness, severe injury to any person, or substantial destruction of property the maximum civil penalty is $182,877.00. There is no minimum civil penalty, except for a minimum civil penalty of $471 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense. […]

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